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ERA REALTY v. STATE OF NEW YORK

281 A.D.2d 388 (2001)

721 N.Y.S.2d 273

ERA REALTY et al., Appellants, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 5, 2001.

Ordered that the order is affirmed, with costs.

EDPL 303 provides, in relevant part, that "[t]he condemnor shall establish an amount which it believes to represent just compensation for the real property to be acquired [and] [t]he condemnor shall make a written offer to acquire the property for one hundred per centum of the valuation." However, EDPL 304 states that a condemnee may accept the offer as payment in full (see, EDPL 304 [A] [2]), or reject the offer...

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